India law commission chairman: Supreme Court made ‘mistake’ recriminalizing gay sex


Darren Wee |  Gay Star News | December 15, 2015

The chairperson of India’s law commission has said the Supreme Court’s decision to recriminalize gay sex in 2013 was a ‘mistake.’

Justice A P Shah – who is responsible for law reform in the world’s most populous country – said the judgment had reduced sexual minorities to ‘unapprehended felons’ at a lecture in New Delhi on Saturday (12 December).

‘The Supreme Court neither engaged with the change in English law nor with changing social mores globally. Instead, the court’s views suggest that the legitimacy of a law is unquestionable, regardless of its origins in an imposed foreign morality or contrary evidence, scientific or otherwise,’ he said.

‘In fact, the high court’s extensive consideration of international developments were brushed aside by the Supreme Court.’

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